Recovered Over $300 Million for Our 7,000+ Clients
If a loved one passed away due to injuries caused by someone else’s negligent or wrongful actions in St. Joseph, Missouri, you may be entitled to recover compensation for your loss through a wrongful death lawsuit.
Contact Holland Injury Law for a free consultation with an experienced wrongful death lawyer. Our firm has recovered over $300 Million for our 7,000+ clients, including through wrongful death settlements and trial awards, and we’re ready to put our experience to work, helping you seek the compensation you and your family deserve. Call us today at (314) 888-7888 today.
A wrongful death occurs when someone dies as a result of another person’s negligent or intentional actions. For example, if a distracted driver struck and killed your loved one, you could file a wrongful death lawsuit against the driver. Violent crimes that result in death can also lead to wrongful death lawsuits.
Close family members of the deceased are typically the ones who can file a wrongful death lawsuit. In order of priority, the family members who can file a lawsuit under Missouri’s wrongful death laws are:
The spouse, children, other descendants, or parents of the deceased
The siblings of the deceased, if there is no surviving spouse, descendant, or parent
If the deceased doesn’t have a surviving spouse, child, parent, or sibling, the court may appoint a plaintiff ad litem to file the lawsuit on behalf of other parties with a stake in the lawsuit’s proceeds. This could include other dependent family members or individuals.
It’s also worth noting that under Missouri’s laws, there does not need to be a blood relationship between the deceased and their parents, children, or descendants. The state recognizes adopted children and adoptive parents. Illegitimate children also qualify for filing a wrongful death lawsuit.
Through a wrongful death lawsuit in St. Joseph, you can seek compensation for the following losses associated with your loved one’s passing:
Medical Expenses – Compensation for the surgeries, medical treatments, and prescription medications received by your loved one.
Lost Wages – Compensation for the income and benefits, such as retirement account contributions and health insurance, your loved one would have continued providing for you and your family.
Funeral and Burial Costs – Compensation covering your loved one’s funeral and burial expenses.
Pain and Suffering – Compensation for the physical pain and suffering your loved one experienced because of the injuries that caused their death.
Emotional Distress – Compensation for the emotional distress you and your family experienced because of your loved one’s death.
Loss of Consortium – Compensation for the loss of companionship and guidance your loved one provided.
Various factors could affect the total value of your wrongful death case, including the age of your loved one, their average income, and the extent of their medical bills.
Proving liability in a wrongful death case relies on collecting various types of evidence. This evidence can become harder to gather as time passes, so it’s essential to begin working with an experienced attorney as soon as possible.
Accident Scene Photographs – These photographs are particularly important if your loved one died in a car accident, due to a hazardous condition on a property, or in a violent attack. Lawyers and forensic experts can use these photographs to help reconstruct what happened and determine the cause of your loved one’s death.
Eyewitness Statements – Eyewitnesses can provide valuable information in a wrongful death case. For example, they may have seen that the driver who struck your loved one was speeding or texting, or they may have previously warned a property owner about the hazardous condition that caused your loved one’s death.
Expert Testimony – In many wrongful death cases, lawyers will hire experts to testify on specific aspects of the case. For example, your lawyer may hire a medical professional to testify about the severity of the injuries your loved one sustained and what caused them.
Medical Records – Your loved one’s medical records can provide valuable insight into their injuries.
Digital Evidence – In some cases, digital evidence may help prove the defendant’s liability. For example, phone records could show they were texting at the time of the accident that killed your loved one.
Under Missouri’s statute of limitations for wrongful death, family members have three years to file a lawsuit against the liable party. This time limit is notably shorter than the five years victims have to sue for a personal injury, and failing to file your lawsuit before the deadline may result in the Buchanan County court barring you from recovering compensation.
One notable exception to this deadline is if the liable party leaves the state. In this case, the time limit will be paused until they return to the state. This prevents liable parties from fleeing the state until the statute of limitations expires to get out of being held liable.
Hiring a wrongful death lawyer to handle your St. Joseph wrongful death case is one of the best ways to improve your chances of recovering the compensation you and your family deserve.
Investigating the incident to identify all liable parties and gather supporting evidence
Assessing the full value of your claim
Filing your lawsuit within the deadline
Negotiating with insurance companies on your behalf and seeking a fair settlement
Representing you and your family at trial and seeking the maximum compensation if the insurance companies refuse to offer a fair settlement
If you lost a loved one because of the negligent or wrongful actions of another person in St. Joseph, Buchanan County, contact Holland Injury Law at (314) 888-7888 for a free consultation with an experienced wrongful death lawyer. We’ll review your case, explain your legal options for seeking compensation, and answer any questions you have.
LOOKING FOR A TRUSTED TEAM
TO REPRESENT YOUR CASE?
